T MUNIVENKATAPPA Vs. DEPUTY COMMISSIONER KOLAR

JUDGEMENT

(1.) this W.P. is devoid of merits. It is liable to be dismissed.

(2.) respondent 3 was granted 2 acres of land in sy. No. 84 situated indoddabevahalli, kasaba hobli, mulbagal taluk, kolar district, on payment of Rs. 200/- as upset price, by the competent authority by an order dated 3-6-1965. However, the deputy commissioner waived the upset price as required by sub-rule (4) of Rule 43(h) of the Karnataka land grant rules, 1960. Subsequently on 7-12-1967 saguvali chit was issued in favour of respondent 3 on condition that the land shall not be alientated for 15 years. However, it is to be noted, prior to the issue of saguvali chit, the land was sold to the petitioner on 9-1-1967.

(3.) after the coming into force of the Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) Act, 1978, respondent 3 filed an application for restoration of the land to him, before the a.c who, having held an enquiry, declared the alienation as null and void, as, according to him, the transfer was made in contravention of the condition of the grant, and directed restoration of the land to respondent 3. A copy of his order is produced at annexure-b.